Ritu, Author at SCC Times

Sole proprietorship firm don’t fall under definition of “debtor” under S. 94 of IBC; MP High Court refuses to halt recovery proceedings

“Section 94 of IBC gives remedy to “debtor’ only to either apply personally or through a Resolution Professional to the Adjudicating Authority for initiating the insolvency resolution process.”

Case Briefs High Courts

Advocate-client privilege | MP High Court quashes DCP’s notice summoning Advocate to give statement and signature specimen

The Court rejected the intervener’s application with costs of Rs. 10,000/- to be deposited in the account of the High Court Employees Union within 15 days.

Case Briefs High Courts

‘Attempt to curtail individual’s personal freedom’; MP High Court quashes Externment order; directs State to pay ₹ 25,000/- in litigation costs

“It is unfortunate that even the Divisional Commissioner, Shahdol has chosen to merely countersign an order of rejection of appeal, without application of mind.”

Case Briefs High Courts

Issuance of injunction essential in cases of blatant IPR violations to safeguard both private & public interests: Rajasthan High Court

The Court found that the respondents’ label is a near replica of the appellant’s trademark and design, including the “Swastik” symbol, which has been consistently used by Rajani Products since 1983.

Case Briefs High Courts

MP High Court directs BCI to take criminal action against law institutions admitting students without securing recognition

“Since the colleges of the petitioners before this Court did not deposit the fee before the Bar Council of India and it did not renew the recognition, it is not the fault of the candidates and the Bar Council of India should have taken strict action against such institutions.”

Case Briefs High Courts

Woman though can’t commit rape, but can be held liable for abetment to rape under Section 109 IPC: MP High Court

““abetment is separate and distinct offence than rape” and if the act abetted is committed in consequences of the abetment, then the person i.e. man or woman abeting such crime is liable to be punished under Section 109 of IPC.”

Case Briefs High Courts

MP High Court deems Advocate’s “tamasha” remark as disgraceful & contemptuous; asks Chief Justice for further action against Advocate

During the hearing, the advocate remarked that the court had been conducting a “tamasha” for four hours and criticized judicial appointments, referencing incidents in Delhi.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Acknowledgment of Balance Sheet under Section 18 of Limitation Act to be counted from date of signing of Balance Sheet: NCLAT

“There is no mandatory requirement for factorising the date of uploading of the balance sheet on the MCA portal for computing the period of limitation.”

Case Briefs High Courts

Selection process, prioritising educational qualification over disability severity, contradicts spirit of Rights of Persons with Disabilities Act: MP High Court

The Court noted that the circular dated 03-07-2018 mandated that preference should be given to persons with higher disabilities unless their condition prevents them from performing the job.

Case Briefs High Courts

Rajasthan High Court appoints panel to probe into Khap Panchayats’ illegal activities including honour killings, social boycotts, exorcism, etc.

“Khap Panchayats are informal, quasi-judicial bodies prevalent in villages, particularly in northern and western India. These organizations impose severe penalties and fines based on age-old traditions, enforcing outdated customs on modern societal issues.”

Appointments & Transfers News

Supreme Court Collegium recommends appointment of Judges for the High Courts of Chhattisgarh, Punjab & Haryana, Gujarat and Allahabad

The Collegium also recommended the transfer of Mr. Justice Arindam Sinha from the High Court of Orissa to the High Court of Judicature at Allahabad.

Case Briefs High Courts

‘EWS candidates can’t claim age relaxation/additional attempts as a matter of right’: MP High Court upholds executive instructions

“A person claiming EWS benefits on account of economic deprivation cannot be said to have faced discrimination on the basis of the caste, which unfortunately, in a casteist society, casts stigma by birth and can never be changed by the person.”

Case Briefs High Courts

MP High Court stays DCP’s notice summoning Advocate to give statement and signature specimen aiming to breach Advocate-Client Privilege

As an interim measure, the Court restrained the DCP from proceeding further in the matter till the next date of hearing.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Protection of minority shareholder rights | NCLT lays down structured buy-out mechanism to resolve deadlock between shareholders

The NCLT gave the first right to buy shares to the petitioners and then the Deccan Group. If neither party purchased the other’s shares, the NCLT would consider winding up the company under Section 242(1)(b) of the Companies Act.

Case Briefs High Courts

Rajasthan High Court suggests constitution of expert committee to review 14 years’ pension restoration period under Rajasthan Civil Services Rules

In the instant matter, the retired employees and pensioners challenged the period for the restoration of full pension under Rule 29 of the Rajasthan Civil Services (Commutation of Pension) Rules, 1996.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT takes cognizance of plea on Guillain-Barré Syndrome Outbreak in Pune due to contaminated drinking water

The NGT acknowledged that the matter raises serious environmental and public health concerns.

Case Briefs High Courts

S. 30 of Advocates Act | Advocates can appear in confiscation proceedings but have no right to cross-examine: MP High Court

“There is no bar under Section 52 of Forest Act, 1927 from appearance of Advocates in said proceedings.”

Case Briefs High Courts

Spouse indulging in vulgar conversation with opposite gender, despite objections, amounts to Mental Cruelty: MP High Court

“No husband will tolerate that his wife is in undignified or indecent conversation through mobile by way of vulgar chatting.”

Case Briefs High Courts

State can’t deny honorarium to frontline workers compelled to work during COVID-19 pandemic: MP High Court

“If the officers had allowed or compelled the petitioners to work in the field for the safety of people, specifically when the country was fighting hard against the COVID-19 pandemic, then such an action of the officers cannot be said to be contrary to law or mala fide.”

Case Briefs High Courts

Misuse of Advocate-Client Relationship | MP High Court refuses to quash FIR in Rape allegations against Advocate

“Statement of prosecutrix recorded under Section 164 of CrPC cannot be given preference over the FIR and the statement recorded under Section 161 of CrPC.”